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2025 DAILYLAW 37660 (RAJ)

DINESH TANKDA S/O SH. KUNDAN LAL v. OMPRAKASH S/O SH. MITTANLAL

CW/18844/2025 · 2025-12-09

Bipin Gupta

body2025

Judgment text

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[2025:RJ-JP:50021] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18844/2025 Dinesh Tankda S/o Sh. Kundan Lal, Aged About 46 Years, R/o Gram Post Bhajeet, District Alwar, Tenat Aajnaam Baba Car Bazar, Wake Mohalla Khadana, Road No. 2, Alwar. (Raj.) ----Petitioner Versus Omprakash S/o Sh. Mittanlal, Aged About 52 Years, R/o Mohalla Khadana, Road No. 2, Alwar. (Raj.) ----Respondent For Petitioner(s) : Mr. Nagendra Sharma For Respondent(s) : Mr. Mohit Gupta HON'BLE MR. JUSTICE BIPIN GUPTA Order 09/12/2025 1. The present writ petition is not being pressed by learned counsel for the petitioner with a prayer that if some reasonable time is granted to him to vacate the premises. 2. Learned counsel for the respondent, upon instructions from his client, submits that he has no objection if the time prayed for by the petitioner, to vacate the tenanted premises, is granted. 3. On consent of the parties, petitioner is granted two years' time to vacate the premises. On the following consented terms: (i). The petitioner will vacate the premises on or before 08.12.2027. (ii). The petitioner shall pay all the arrears of the rent as per the decree within a period of four weeks. (iii). Petitioner undertakes to pay mesne profit @ Rs.32,500/- per month from 01.12.2025. [2025:RJ-JP:50021] (2 of 2) [CW-18844/2025] (iv). Petitioner is directed to file an undertaking before the learned Rent Tribunal, to the effect that he will vacate the premises, on or before 08.12.2027 and further to the effect that he will continue to pay the mesne profit @ Rs.32,500/-, per month till vacation of the premises and further he will not sub-let or create any alteration in the disputed premises. (v). The mesne profit, which is to be paid from 01.12.2025 shall be paid by the petitioner by 15th day of the succeeding month. If he makes default for three consecutive months in payment of the mesne profit, then the respondent shall be entitled to execution for decree. (vi). If the order passed by this Court is not complied with by the petitioner, then he will be liable for contempt of Courts proceedings. 4. With the above observations, the present Civil Writ Petition stands disposed of. 5. All pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J MAHIMA/89